05/05/2014Amended 6 /2/14: Changes on Pages 1, 2 and 7 in italics.
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL
COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, MAY 5, 2014
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ORDER: called to order by Mayor Bogusz at 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, May 5, 2014.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd,
Sayad, Brookman, Walsten, Sojka and Charewicz.
Also present were: City Manager Bartholomew, Director of Community & Economic Development
Sakas, Senior Planner Mangum, Associate Planner Yu, Director of Finance Wisniewski, Fire Chief Wax,
Director of Human Resources Wing, Police Chief Kushner, Director of Public Works and Engineering
Oakley and General Counsel Friedman.
PRAYER AND The opening prayer was given by Pastor Gary Houdek of the Golf Road Baptist
PLEDGE: Church, followed by the Pledge of Allegiance.
PROCLAMATIONS: Director of Human Resources Wing read the Proclamation signed by Mayor Bogusz
which declared May 4 -10 -2014 as "Public Service Recognition Week" in the City of
Des Plaines and commended all City employees for delivering quality public service
to the residents.
City Clerk Ludwig read the Proclamation signed by Mayor Bogusz which declared
May 4 -10 -2014 as "Municipal Clerks' Week" to recognize the accomplishments of
the Office of the Municipal Clerk and extend appreciation to all Municipal Clerks
and Deputy Clerks for the vital services they perform and their exemplary dedication
to the communities they represent.
CITIZEN PART.: Mr. Luis Rivas, Representative of the Postal Workers Union, and Ms. Veronica
Julion, Representative of the National Association of Letters Carriers and Food
Drive Coordinator announced the annual Postal Workers Food Drive which will
take place on Saturday, May 10, 2014
General. Counsel Friedman announced the U.S. Supreme Court's 5 -4 ruling in
Town of Greece v. Galloway, which declared that town boards and other
governmental entities may start their meetings with invocations and prayers
without violating the First Amendment's Establishment Clause.
CITY CLERK City Clerk Ludwig announced that Steven Schaefer, a Viet Nam Veteran and
ANNOUNCEMENTS President of Pillars of Honor, passed away April 25, 2014. Since his service in
the military and throughout his life, Mr. Schaefer gave of his time to Veterans
and numerous community organizations.
Alderman Haugeberg read a Proclamation recognizing the 90 Year Anniversary
° -- of Pesche's Flowers. A�
Page 2 of 8
5/5/14
CONSENT Requests were made to remove the following Items from Consent Agenda:
AGENDA • Alderman Sayad - Items 2 and 2a;
• Alderman Haugeberg - Items 3 and 3a;
• Alderman Sojka — Items 6 and 6a;
• Alderman Rodd — Items 8 and 8a.
Motion by Sayad, seconded by Rodd, to establish the Consent Agenda except for
Items 2, 2a, 3, 3a, 6, 6a, 8 and 8a. Motion declared carried.
Motion by Robinson, seconded by Haugeberg, to approve Consent Agenda.
Upon roll call, the vote was:
AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The minutes were approved; Staff recommendations and requests were approved;
Resolutions R- 78 -14, R -83 -14 and R -85 -14 were adopted. Ordinances M -13 -14 and
Z -7 -14 were adopted.
MINUTES: Moved by Robinson, seconded by Haugeberg, to approve minutes of the Regular
Consent Meeting of the City Council held April 7, 2014, as published. Motion declared
Agenda carried as approved unanimously under Consent Agenda.
AWARD BID/ Alderman Sayad requested that this Item be removed from Consent Agenda.
PUBLIC WORKS/
2014 GASOLINE/ Director of Public Works and Engineering Oakley answered questions from the
DIESEL FUEL: Aldermen.
Resolution Moved by Sayad, seconded by Sojka, to award bid of the 2014 purchase of
R -82 -14 Unleaded Gasoline and Diesel Fuel to Al Warren Oil Company, Inc., 7439
West Archer Avenue, Summit, Illinois 60501 in the amounts of $431,000.00 for
129,000 gallons of regular lead -free gasoline and $178,200.00 for bio- diesel
fuel (Budgeted Funds — General/Vehicle Maintenance /Gasoline $350,000,
Water /Gasoline $50,000, Sewer /Gasoline $31,000 and General/Vehicle
Maintenance /Diesel $150,000, Water /Diesel $16,000, Sewer/Diesel $12,200);
and adopt Resolution R- 82 -14, A RESOLUTION APPROVING AN
AGREEMENT WITH AL WARREN OIL COMPANY, INC., FOR THE
PURCHASE OF UNLEADED GASOLINE AND DIESEL FUEL. Upon roll
call, the vote was: J
AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz as
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Page 3 of 8 5/5/14
APPROVE AGR./ Alderman Haugeberg requested that this Item be removed from Consent Agenda.
IEMA/ STATE
Alderman Sojka requested that this Item be removed from Consent Agenda.
k LOCAL HAZARD
Director of Public Works and Engineering Oakley answered questions from the
MITIGATION
Aldermen.
GRANT
the Aldermen.
PROGRA__M_/
Moved by Haugeberg, seconded by Rnhinsnn, to approve. AP-reement with the
PROPERTY
Illinois Emergency Management Agency (IEMA) for the State and Local
BUYOUT:
Hazard Mitigation Grant Program (HMGP) Property Buyout; and adopt
Resolution R- 72 -14, A RESOLUTION APPROVING A GRANT
Resolution
AGREEMENT WITH THE ILLINOIS EMERGENCY MANAGEMENT
R -72 -14
AGENCY AND A REIMBURSEMENT AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF NATURAL RESOURCES. Upon roll call, the
vote was:
AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
APPROVE AGR./ Moved by Robinson, seconded by Haugeberg, to concur with Staff
IDOT/ recommendation to approve Local Agency /State Agreement with the Illinois
DES PLAINES Department of Transportation (IDOT) for the Reconstruction of Des Plaines
RIVER RD./ River Road between Touhy Avenue and Rand Road and that Staff is directed to
TOUHY AVE.: let this Project once final plans are delivered to the City by IDOT (Estimated May
Consent 2014); and further recommend to adopt Resolution R- 78 -14, A RESOLUTION
Agenda APPROVING THE EXECUTION OF AN AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF TRANSPORTATION REGARDING THE
Resolution RECONSTRUCTION AND JURISDICTIONAL TRANSFER OF DES
R -78 -14 PLAINES RIVER ROAD. Motion declared carried as approved unanimously
under Consent Agenda.
AWARD BID/ 2014 Moved by Robinson, seconded by Haugeberg, to concur with Staff
HOT MIX recommendation to award bid for the 2014 purchase of Hot Mix Asphalt to lowest
ASPHALT: bidder Arrow Road Construction Company, 3401 South Busse Road, Mount
Consent Prospect, Illinois 60056 in the not -to- exceed amount of $100,000.00 (Budgeted
Agenda Funds — General Fund /Street and Grounds Division/Supplies /Street R &M
Account); and further recommend to adopt Resolution R- 83 -14, A
Resolution RESOLUTION APPROVING THE PURCHASE OF HOT MIX ASPHALT
R -83 -14 FROM ARROW ROAD CONSTRUCTION COMPANY. Motion declared
carried as approved unanimously under Consent Agenda.
APPROVE
Alderman Sojka requested that this Item be removed from Consent Agenda.
AGR. /FOIA
PUBLIC
Deputy Clerk Linquist and City Manager Bartholomew answered questions from
RECORDS
the Aldermen.
TRACKING
SOFTWARE:
Moved by Sojka, seconded by Sayad, to approve agreement with WebQA, Inc.,
900 South Frontage Road, Woodridge, Illinois 60517 in the not -to- exceed'
Page 4 of 8 5/5/14
Resolution amount of $7,420.00 for a Freedom of Information Act (FOIA) Public Records
R -84 -14 Tracking Software agreement ($2,500.00 one -time set up fee and $395.00
monthly for one year); and adopt Resolution R- 84 -14, A RESOLUTION
APPROVING AN AGREEMENT WITH WEBQA, INC., FOR FREEDOM OF
INFORMATION ACT PUBLIC RECORDS TRACKING SOFTWARE. Upon
roll call , the vote Eras:
AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
AWARD BID/ 2014 Moved by Robinson, seconded by Haugeberg, to concur with Staff
STREET LANE recommendation to award bid for the 2014 Street Lane Marking through the
MARKING:
Northwest Municipal Conference Suburban Purchasing Cooperative to Superior
Consent
Road Striping, Inc., 1967 Cornell Court, Melrose Park, Illinois 60160 at a not -to-
Agenda
exceed cost of $40,000.00 (Budgeted Funds — Capital Projects and not -to- exceed
$10,000.00 Budgeted Funds — TIF #1); and further recommend to adopt
Resolution
Resolution R- 85 -14, A RESOLUTION AUTHORIZING THE
R -85 -14
PROCUREMENT OF STREET LANE MARKING SERVICES FROM
SUPERIOR ROAD STRIPING, INC., OF MELROSE PARK, ILLINOIS. Upon
roll call, the vote was:
AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
ORDINANCE
Brookman, Walsten, Sojka, Charewicz
- M -13 -14
NAYS: 0 -None
APPROVE NEW
ABSENT: 0 -None
CLASS B -1 BULK
Motion declared carried.
APPROVE
ACCESS
EASEMENT
AGR./ 1382 -98
PRAIRIE AVE.:
Alderman Rodd requested that this Item be removed from Consent Agenda.
Senior Planner Mangum reviewed his Memorandum of April 17, 2014 regarding
the access easement agreement for access between 1382 -98 Prairie Avenue and
Graceland- Prairie City parking lot and answered questions from the Aldermen.
Resolution
Moved by Rodd, seconded by Charewicz, approve Access Easement Agreement
R -87 -14
for 1382 -1398 Prairie Avenue; and adopt Resolution R- 87 -14, A RESOLUTION
APPROVING AN EASEMENT AGREEMENT WITH U.S. BANK
NATIONAL ASSOCIATION. Upon roll call, the vote was:
AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ORDINANCE
Moved by Robinson, seconded by Haugeberg, to adopt Ordinance M- 13 -14, AN
- M -13 -14
ORDINANCE AMENDING APPENDIX A, "FEE SCHEDULE," OF TITLE 4,
APPROVE NEW
"BUSINESS REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS
CLASS B -1 BULK
B -1 LIQUOR LICENSE. Motion declared carried as approved unammousl
SALES LIQUOR
under Consent Agenda.
Page 5 of 8 5/5/14
LIC./ 1415
ELLINWOOD ST.:
Consent
Agenda
ORDINANCE,
Moved by Robinson, seconded by Haugeberg, to adopt Ordinance Z -744, AN
Z-7 -14
ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING
CITY -WIDE TEXT
ORDINANCE OF 1998 REGARDING MEDICAL CANNABIS FACILITIES.
AMENDMENT/
Motion declared carried as approved unanimously under Consent Agenda.
ZONING
RESTRICTIONS/
MEDICAL
CANNABIS
CULTIVATION
CENTERS/
DISPENSING
ORG'S.:
Consent
Agenda
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Sayad, Chair
WARRANT Moved by Sojka, seconded by Charewicz to recommend to the City Council
REGISTER: approval of the May 5, 2014 — Warrant Register, in the total amount of
$3,605,658.94; and further recommend that Resolution R -88 -14 be adopted at
appropriate time this evening. Motion declared carried.
USE OF CITY Alderman Sayad requested that Item 2b . Discussion Regarding Elected Official
VEHICLES: and Department Head Take Home Vehicle be DEFERRED to the Council
meeting of June 2, 2014. There were no objections.
COMMUNITY DEVELOPMENT — Alderman Walsten, Chair
6b APPLICATION/ Director of Community & Economic Development Sakas reviewed his
2150 Frontage Rd.: Memorandum of April 23, 2014 regarding a request from Petitioner DO &CO
Holdings USA Inc. (DO &CO Chicago), 2150 Frontage Road, for a City
resolution supporting its Class 6b application and answered questions from the
Aldermen.
Moved by Haugeberg, seconded by Charewicz, to recommend to the City
Council approval of Resolution R -89 -14 to support and consent to the filing of
DO &CO Holdings USA's Class 6b application to the Cook County Assessor's
Office at appropriate time this evening. Motion declared carried.
6b APPLICATION/ Director of Community & Economic Development Sakas reviewed his
111 Rawls Rd.: Memorandum of April 23, 2014 regarding a request from Petitioner Rawls Road
Page 6 of 8 5/5/14
111 Rawls Rd.: Properties, LLC, 111 Rawls Road, for a City resolution supporting its Class 6b
(Cont'd) application and answered questions from the Aldermen.
Moved by Rodd, seconded by Robinson, to recoirnnend to the City Council
approval of Resolution R -90 -14 to support and consent to the filing of Rawls
Road Properties, LL C Class 6b a ppli ca tion to the Cook County Assessor's Offi
at appropriate time this evening. Motion declared carried.
ZONING ORD. Senior Planner Mangum reviewed his Memorandum of April 15, 2014 regarding
TEXT a Citywide Text Amendment for billboard lighting and non - commercial
AMENDMENTS: antennae, Case #14- 011 -TA. At its April 14, 2014 meeting, the Plan
Commission, after having heard and fully considered the evidence, voted (4 -0) to
recommend approval of the zoning text amendment as recommended by staff.
Senior Planner Mangum answered questions from the Aldermen.
Moved by Rodd, seconded by Charewicz, to recommend to the City Council to
place on First Reading Ordinance Z -14 -14 at appropriate time this evening.
Motion declared carried.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
UNFINISHED
BUSINESS-
MINER ST. Moved by Haugeberg, seconded by Sayad, to approve Proposal from Duo -Gard
STREETSCAPE/ Industries, Inc., 40442 Koppernick Road, Canton, Michigan 48187 in the amount
BUS SHELTER: of $17,567.00 for the Design, Purchase and Installation of the Miner Street Bus
Shelter and approve the Passenger Shelter Cost - Sharing Agreement with PACE
Resolution Suburban Bus for $3,904.00 (City cost - $13,663.00 — TIF #1 Fund) and adopt
R -91 -14 Resolution R- 91 -14, A RESOLUTION APPROVING THE PURCHASE OF A
BUS SHELTER FROM DUO -GARD INDUSTRIES, INC., AND A COST
SHARING AGREEMENT WITH PACE. Upon roll call, the vote was:
AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ORDINANCE Moved by Robinson, seconded by Brookman, to adopt Ordinance Z- 12 -14, AN
Z -12 -14 ORDINANCE APPROVING A ZONING MAP AMENDMENT AND
MAP REZONING THE PROPERTY LOCATED AT 911 EAST TOUHY AVENUE,
AMENDMENT/ DES PLAINES, ILLINOIS FROM THE C -2 LIMITED OFFICE
911 EAST TOUHY COMMERCIAL ZONING DISTRICT TO THE C -3 GENERAL
AVENUE: COMMERCIAL ZONING DISTRICT (CASE #14- 007 -MAP). Upon roll call,
the vote was:
AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
Page 7 of 8
5/5/14
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ORDINANCE
Moved by Walsten, seconded by Robinson, to adopt Ordinance Z- 13 -14, AN
7 ,13-14
OR nIAr,4NCF AA/fFNn vc TF-IF rFYT nF THE Dh 5 PFALNFS ?ONLw(;
CITY -WIDE TEXT
ORDINANCE OF 1998 REGARDING FOOD PROCESSING
AMENDMENT/
ESTABLISHMENTS. Upon roll call, the vote was:
FOOD
AYES: 7- Haugeberg, Robinson, Rodd, Sayad,
PROCESSING
Walsten, Sojka, Charewicz
ESTABLISHMENTS:
NAYS: 1- Brookman
ABSENT: 0 -None
Motion declared carried.
NEW BUSINESS:
WARRANT
Moved by Sayad, seconded by Haugeberg, to concur with recommendation of
REGISTER:
Committee of the Whole to adopt Resolution R- 88 -14, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
Resolution
FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR
R -88 -14
AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $3,605,658.94. Upon roll call, the vote was:
AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
6b APPLICATION/ Moved by Walsten, seconded by Sojka, to concur with recommendation of
2150 Frontage Rd.: Committee of the Whole to adopt Resolution R -89 -14 to support and consent to
the filing of DO &CO Holdings USA's Class 6b application to the Cook County
Resolution Assessor's Office. Upon roll call, the vote was:
R -89 -14 AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
6b APPLICATION/ Moved by Walsten, seconded by Brookman, to concur with recommendation of
111 Rawls Rd.: Committee of the Whole to adopt Resolution R -90 -14 to support and consent to
the filing of Rawls Road Properties, LLC Class 6b application to the Cook
Resolution County Assessor's Office. Upon roll call, the vote was:
R -90 -14 AYES: 8- Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: O -None
ABSENT: O -None
Motion declared carried.
Page 8 of 8 5/5/14
ZONING ORD. Moved by Walsten, seconded by Rodd, to place on First Reading Ordinance Z-
TEXT 14 -14, AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE AND
AMENDMENTS: THE TEXT OF THE DES PLAINES ZONING ORDINANCE OF 1998, AS
AMENDED, REGARDING BILLBOARD LIGHTING, ANTENNAE, AND
Ordinance PRIVATE PARKING FACILITIES. Motion declared carried.
-1 1 4-JA
ADMINISTRATIVE Mr. David Eterno appeared before the City Council giving his background
HEARING regarding the appointment by the Mayor of an Administrative Hearing Officer
OFFICER: and answered questions by the Aldermen.
Following discussion, moved by Sayad, seconded by Brookman, to send this
matter to the Legal & Licensing Committee for review. Motion declared carried.
PROSECUTING Following discussion of the Memorandum of May 1, 2014 from City Manager
ATTORNEYS: Bartholomew regarding the law firms of Addis Greenberg, LLC and Larry D.
Berg, Berg & Pandev, P.C., to be approved by the City Council, moved by Sayad,
seconded by Brookman, to send this matter to the Legal & Licensing Committee
for review. Motion declared carried.
ADJOURNMENT: Moved by Haugeberg, seconded by Walsten, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 8:50 p.m.
4 �- �- �-)' & 4 "
Gloria J. Ludwig — CITY ftERK
�h
APPROVED BY ME THIS
DAY OF �� L� ��i 014
y Gi J
Matthew J. Bogusz, MAYOR
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